새로운 변호사징계위원회의 설치, 구성 및 권한에 관한 시론

Recently, the issue of establishing an independent disciplinary body for lawyers, as pledged by the President, has come to the forefront. Major countries generally recognize that the legal profession possesses public character, professionalism, independence, and freedom. Nevertheless, there are differing views on whether the primary body responsible for lawyer discipline should be set within the legal profession itself or under the judiciary. Even in cases where the primary disciplinary authority is entrusted to a lawyers' organization, there are varying approaches as to whether the secondary disciplinary body should also be under the same organization. Therefore, the question of which institution should be responsible for lawyer discipline must be approached by taking into account each country's historical experiences and the public’s aspirations and demands, leading to unique and appropriate solutions. In Korea, the current disciplinary system involves the Korean Bar Association and the Ministry of Justice. However, the Disciplinary Committee of the Korean Bar Association has been criticized for exhibiting leniency in the imposition of sanctions, lacking consistency and fairness in disciplinary standards, and facing a diminished ability to resolve final disputes due to internal conflicts with member lawyers. Additionally, the Ministry of Justice's Disciplinary Committee has been criticized for undermining lawyers' fundamental rights and their ability to perform their duties due to its misalignment with the nature of legal practice, and for delaying effective remedies due to its quasi-administrative nature. Therefore, there is a pressing need to completely revise the Attorney-at-Law Act and establish a lawyer disciplinary committee that is independent of both the Korean Bar Association and the Ministry of Justice. It would be appropriate for the Legal Ethics & Professional Conduct Council, which was originally founded to address violations of legal ethics and to establish related countermeasures, to take on the role of an independent disciplinary body. To enable the Council to fulfill this role effectively, relevant regulations must be amended, and diverse strategies for securing necessary funding should be carefully considered.